JUDGEMENT
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(1.) The petitioner is alleging that the Pradhan of the Gram
Panchyat has not taken steps, though he lodged complaint that the eighth
respondent wrongfully and illegally encroached upon a pathway.
Counsel is unable to say what provision obliged the Pradhan to take steps
on the basis of the petitioner's complaint. He only says that as the Pradhan of the
Gram Panchayat it was the duty of the Pradhan to settle the dispute. Such a
duty cannot be enforced through the writ court. The dispute between the
petitioner and the eighth respondent is a private one, and unless the Pradhan
possessed any statutory power, he could not be invited to adjudicate it. The
petitioner s remedy, if any, was only before the appropriate civil court. Counsel
for the private respondent has pointed out that proceedings initiated by the
petitioner under s.144 of the Code of Criminal Procedure, 1973 were
subsequently withdrawn by him, once an adverse report was filed by the police.
Be that as it may, I only say that there is no scope to give any relief in exercise of
writ powers.
For these reasons, the writ petition is dismissed. There shall be no order
for costs.;
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